Based on city council minutes, commission meeting minutes, the commission's decision to hear this case so far and from those who were there in April 2006, commissioners did indeed name Epperson chief.

But if you follow McGuire’s argument to its logical conclusion, the answer could be “de jure” or “legally,” no, Epperson is not legally the chief because he was improperly appointed.

However, McGuire also argues Epperson is the chief of police no matter who appointed him. So “de facto,” or “in fact” Epperson is chief.

“The chief of police is the chief of police regardless of who appointed him,” McGuire said. “The bottom line is that my client has been functioning as chief of police, he has been paid by the city of Rockford for several years and he, as a matter of fact, is the chief of police.”

A lawyer for the police union, Dan Cain, said McGuire’s arguments have been a surprise.

“We are astounded by the positions taken by the chief of police, that the commission didn’t appoint him in the first place” Cain said. “Of course, that is an incorrect position. Finally, they say even if the fire and police commission did appoint the chief, they didn’t do it with lawful authority … we have been astounded by the positions taken on this case.”